CA junks FASAP petition

Manila Bulletin
June 6, 2011
By LEONARD D. POSTRADO

MANILA, Philippines -- The Court of Appeals has junked the petition filed by the Flight Attendants’ and Stewards Association of the Philippines (FASAP) seeking to set aside a National Labor Relations Commission (NLRC) decision which dismissed the group's complaint for unfair labor practice against Philippine Airlines, Inc.(PAL), the country’s national carrier.

In a 10-page ruling penned by Associate Justice Danton Bueser, the CA’s Tenth Division denied FASAP’s petition for certiorari and affirmed the decision of NLRC, which was issued on February 25, 2009, to dismiss FASAP's complaint against PAL.

“After a careful review of the facts, the Court finds that the respondents cannot be made responsible for ULP (unfair labor practice). The petitioner, as the alleging party, has the burden of proving the ULP with substantial evidence as the same is punishable with both civil and/or criminal sanctions,” said the CA ruling.

The appellate court pointed out that the petitioners failed to show prima facie proof that PAL was guilty of unfair labor practice.

“Here, there was no clear and substantial evidence confirming that the management decision to deploy line administrators to act as flight pursers interferes or restrains petitioner’s right to self-organize,” it added.

Concurring with the ruling were Associate Justices Hakim Abdulwahid and Ricardo Rosario.

Court records showed that FASAP filed a complaint for unfair labor practice against PAL and the line administrators tasked as flight pursers on September 29, 1997.

An airline purser or flight purser usually oversees the flight attendants to ensure airplane passengers are safe and comfortable.

It claimed that on December 19, 1996, it entered into an agreement with the respondents for the temporary utilization of domestic cabin crew, contractual crew and administrative personnel for international operations of PAL.

However, after the expiration of the agreement, FASAP said respondents still continued to deploy administrative personnel, particularly line administrators, to act as flight pursers.

FASAP said there was violation not only of the December 1996 joint deal but also of the Collective Bargaining Agreement (CBA).